Deland commission rejects ban on 'synthetic drugs'

City commissioners rejected an ordinance Monday night that would have banned the sale of synthetic drugs that mirror illegal substances by using code enforcement procedures.

ANTHONY DeFEOSTAFF WRITER

DELAND — City commissioners rejected an ordinance Monday night that would have banned the sale of synthetic drugs that mirror illegal substances by using code enforcement procedures. The measure, rejected on a 3-2 vote after significant debate, was rejected on concerns the language was overly broad and the wrong way to solve the problem posed by synthetic drugs that mimic illegal substances such as marijuana and amphetamines. Some, including City Attorney Darren Elkind, expressed concern that the sale of such synthetic drugs should be dealt with as a criminal matter, which would require state-level action. Commissioner Vonzelle Johnson thought the commission would only be considering a resolution, expressing the city's opinions on the issue and urging the legislature to take action. He, along with Commissioners Phil Martin and Charles Paiva, voted down the measure. Mayor Robert Apgar and Commissioner Leigh Matusick voted in favor. While many believe the Legislature will take up the issue during its next session, the Volusia Council of Governments had urged all municipalities in the county to enact a draft ordinance banning the sale of synthetic drugs in the interim. However, several members of the City Commission felt uncomfortable taking action without knowing what approach the state government may take. Mary Swiderski, executive director of the Volusia Council of Governments, gave an emotional presentation prior to the vote, expressing what her group said were the dangers of the synthetic drugs. "These compounds are extremely deadly," she said. "They're killing a generation right now." One member of the public, DeLand resident and attorney Tanner Andrews, spoke against the ordinance in a satirical fashion, poking fun at the label "synthetic drugs." "I'm here to talk more about the evils of synthetic drugs," he said. "And of course to encourage people to use only all-natural drugs," he said, noting that almost all drugs are synthesized. Commissioners avoided any debate on the merits of drug prohibition itself, though, focusing on the practical effects of enforcing a ban. Commissioner Charles Paiva, for example, took issue with a portion of the ordinance that defined "herbal incense" — a label synthetic marijuana is sometimes sold under — as "aromatic plant material containing synthetic chemical compounds," noting harmless potpourri sold at stores such as Bed, Bath & Beyond might technically violate that rule. Because DeLand's code enforcement works on a complaint-based system, to enforce the law fairly, city workers would have to respond to any complaint. He was concerned that affected shop owners who sell synthetic drugs might point the finger at other stores, creating a code enforcement backlog. Commissioner Phil Martin, on the other hand, had concerns over whether the ordinance could be enforced correctly through the city's code enforcement mechanism, noting the city has significantly cut back on that department.